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AN ACT
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relating to the penalty for theft of an automated teller machine or |
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the contents or components of an automated teller machine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (e), Section 31.03, Penal Code, is |
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amended to read as follows: |
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(e) Except as provided by Subsection (f), an offense under |
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this section is: |
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(1) a Class C misdemeanor if the value of the property |
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stolen is less than: |
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(A) $50; or |
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(B) $20 and the defendant obtained the property |
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by issuing or passing a check or similar sight order in a manner |
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described by Section 31.06; |
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(2) a Class B misdemeanor if: |
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(A) the value of the property stolen is: |
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(i) $50 or more but less than $500; or |
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(ii) $20 or more but less than $500 and the |
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defendant obtained the property by issuing or passing a check or |
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similar sight order in a manner described by Section 31.06; |
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(B) the value of the property stolen is less |
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than: |
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(i) $50 and the defendant has previously |
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been convicted of any grade of theft; or |
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(ii) $20, the defendant has previously been |
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convicted of any grade of theft, and the defendant obtained the |
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property by issuing or passing a check or similar sight order in a |
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manner described by Section 31.06; or |
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(C) the property stolen is a driver's license, |
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commercial driver's license, or personal identification |
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certificate issued by this state or another state; |
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(3) a Class A misdemeanor if the value of the property |
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stolen is $500 or more but less than $1,500; |
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(4) a state jail felony if: |
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(A) the value of the property stolen is $1,500 or |
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more but less than $20,000, or the property is less than 10 head of |
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sheep, swine, or goats or any part thereof under the value of |
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$20,000; |
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(B) regardless of value, the property is stolen |
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from the person of another or from a human corpse or grave, |
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including property that is a military grave marker; |
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(C) the property stolen is a firearm, as defined |
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by Section 46.01; |
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(D) the value of the property stolen is less than |
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$1,500 and the defendant has been previously convicted two or more |
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times of any grade of theft; |
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(E) the property stolen is an official ballot or |
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official carrier envelope for an election; or |
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(F) the value of the property stolen is less than |
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$20,000 and the property stolen is insulated or noninsulated |
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tubing, rods, water gate stems, wire, or cable that consists of at |
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least 50 percent: |
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(i) aluminum; |
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(ii) bronze; or |
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(iii) copper; |
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(5) a felony of the third degree if the value of the |
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property stolen is $20,000 or more but less than $100,000, or the |
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property is: |
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(A) cattle, horses, or exotic livestock or exotic |
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fowl as defined by Section 142.001, Agriculture Code, stolen during |
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a single transaction and having an aggregate value of less than |
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$100,000; or |
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(B) 10 or more head of sheep, swine, or goats |
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stolen during a single transaction and having an aggregate value of |
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less than $100,000; |
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(6) a felony of the second degree if: |
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(A) the value of the property stolen is $100,000 |
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or more but less than $200,000; or |
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(B) the value of the property stolen is less than |
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$200,000 and the property stolen is an automated teller machine or |
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the contents or components of an automated teller machine; or |
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(7) a felony of the first degree if the value of the |
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property stolen is $200,000 or more. |
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SECTION 2. Subsection (h), Section 31.03, Penal Code, is |
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amended by adding Subdivision (4) to read as follows: |
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(4) "Automated teller machine" means an unstaffed |
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electronic information processing device that, at the request of a |
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user, performs a financial transaction through the direct |
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transmission of electronic impulses to a financial institution or |
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through the recording of electronic impulses or other indicia of a |
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transaction for delayed transmission to a financial institution. |
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The term includes an automated banking machine. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 887 passed the Senate on |
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March 31, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 887 passed the House on May 9, |
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2011, by the following vote: Yeas 142, Nays 0, one present not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |